NOTICE: - While reasonable efforts have been made to assure the accuracy of the data herein, this is NOT the official version of Senate Journal. It is published to provide information in a timely manner, but has not been proofread against the events of the session for this day. All information obtained from this source should be checked against a proofed copy of the Senate Journal.


Seal of the
Commonwealth of Massachusetts

Monday, September 17, 2001.

Met at five minutes past eleven o’clock A.M.


Resignation of Senator James P. Jajuga of Third Essex..

The following communication, received by the Clerk of the Senate from the President of the Senate, was placed on file:


September 17, 2001.

The Honorable Thomas F. Birmingham
President, Massachusetts State Senate
State House, Room 332
Boston, Massachusetts 02133

Dear Mr. President:

This is to inform you that, due to unforeseen circumstances arising at the Executive Office of Public Safety, I will now be resigning as State Senator for the 3rd Essex District effective today at 1:00 P.M. to assume my new duties as Secretary of Public Safety.

Again, it has been my great honor and privilege to serve as a member of the Massachusetts State Senate for the past eleven years. My thanks to you, my Senate colleagues, and the highly capable Senate staff for everything you have done for me during that period of time.


State Senator,
3rd Essex District.



A Bill authorizing the town of Westport to establish a preservation trust fund (House, No. 4542,— on House, No. 4322) [Local approval received on House, No. 4322],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

 Order Adopted.

Ms. Jacques and Ms. Creem presented an Order relative to requiring the opinions of the Honorable the Justices of the Supreme Judicial Court on an important question of law relative to a bill printed as Senate, No. 1939, entitled “An Act relative to profits from crime” (Senate, No. 2114).
There being no objection, the order was considered forthwith; and it was adopted.

 Matter Taken Out of the Orders of the Day.

There being no objection, the following matter was taken out of the Orders of the Day and considered, as follows:

The Senate Bill requiring pilots for certain vessels (Senate, No. 2026),— was read a second time.
Pending the question on ordering the bill to a third reading, on motion of Ms. Murray, the bill was recommitted to the committee on Natural Resources and Agriculture.


The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—

Resolutions (filed by Mr. Montigny) “commemorating Alice Browne and her husband, the late Robert E. Browne, for their contributions to our community”; and

Resolutions (filed by Mr. Montigny and Ms. Menard) “congratulating Dr. Jean F. MacCormack upon becoming Chancellor of the University of Massachusetts at Dartmouth.”


Petitions were referred, in concurrence, as follows:

Petition (accompanied by bill, House, No. 4550) of Danah Quaderi for legislation to further define the natural process of dying in health care proxies;
Under suspension of Joint Rule 12, to the committee on the Judiciary.

Petition (accompanied by bill, House, No. 4549) of Marie J. Parente relative to the retirement benefits of certain former correction officers;
Under suspension of Joint Rule 12, to the committee on Public Service.

Order Adopted.

On motion of Ms. Melconian,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Wednesday next at eleven o’clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

Adjournment in Memory of Former State Representative Edward Shortell.

     The Senator from Franklin and Hampshire, Mr. Rosenberg, moved that when the Senate adjourns today, it adjourn in memory of former State Representative Edward Shortell of Greenfield. Mr. Shortell served in the House of Representative from 1973-1978 after a successful career as a manufacturer in the Greenfield area. He also served as a town meeting member and on the Housing Authority in the town of Greenfield. The motion prevailed.
      Accordingly, as a mark of respect to the memory of former State Representative Edward Shortell, at nine minutes past eleven o’clock A.M., on motion of Mr. Knapik, the Senate adjourned to meet on Wednesday next at eleven o’clock A.M.